DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1689)

WEST COAST PUMPING SERVICES PTY LTD AND CFMEU (WA) (1 THE ESPLANADE PROJECT, ELIZABETH QUAY & CAPITAL SQUARE) GREENFIELDS AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 JUNE 2020

Application for approval of the West Coast Pumping Services Pty Ltd and CFMEU (WA) (1 The Esplanade Project, Elizabeth Quay & Capital Square) Greenfields Agreement 2019.

[1] The Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of a greenfields agreement known as the West Coast Pumping Services Pty Ltd and CFMEU (WA) (1 The Esplanade Project, Elizabeth Quay & Capital Square) Greenfields Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 3 July 2020. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) to approve the West Coast Pumping Services Pty Ltd and CFMEU (WA) Greenfields Agreement 2019. The agreement in question pertained to the 1 The Esplanade Project, Elizabeth Quay, and Capital Square. The court was tasked with determining whether the agreement met the necessary legal standards for approval under the relevant industrial relations legislation. The parties to the dispute were the Construction, Forestry, Maritime, Mining and Energy Union, acting on behalf of the workers, and West Coast Pumping Services Pty Ltd, the employer.

The primary legal issues the court had to address were whether the agreement complied with the provisions of the relevant industrial relations act and whether it appropriately balanced the rights and obligations of both the employer and the employees. This included examining whether the agreement provided adequate protections for the workers and whether it was consistent with broader industrial relations principles and policies. Additionally, the court had to assess whether the agreement was made in good faith and whether it had been properly negotiated between the parties.

In delivering its judgment, the court meticulously reviewed the terms of the agreement and considered relevant precedents and statutory requirements. The court found that the agreement met all necessary criteria for approval. It was concluded that the agreement was fair and reasonable, provided appropriate protections for the employees, and was consistent with the relevant industrial relations laws. The court also determined that the agreement was made in good faith and that there was no evidence of any procedural unfairness in its negotiation or execution. Consequently, the court approved the West Coast Pumping Services Pty Ltd and CFMEU (WA) Greenfields Agreement 2019.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established